K.Vengadesh, v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.15477 of 2018 and W.M.P.(MD) No.13937 of 2018 K.Vengadesh ... Petitioner Vs.

1.The Director of School Education, College Road, Nungambakkam, Chennai.

2.The Chief Educational Officer, Chief Educational Office, Thoothukudi, Thoothukudi District.

3.The District Educational Officer, Kovilpatti Educational District, Kovilpatti, Thoothukudi District.

4.The Block Educational Officer, Pudhur Educational Block, Pudhur, Thoothukudi District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3, to promote the petitioner herein to the post of BT Assistant Teacher (Science) in one amongst the six existing vacancies available at Pudhur Union by considering the representation of the petitioner dated 04.07.2018. For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.K.Saravanan, G.A.

ORDER

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the respondents 1 to 3, to promote the petitioner herein to the post of BT Assistant Teacher (Science) in one amongst the six existing vacancies available at Pudhur Union by considering the representation of the petitioner dated 04.07.2018.

2.Heard Mr.M.Thirunavukkarasu, learned counsel appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that the petitioner had been working as Secondary Grade Teacher from 27.07.1999. Though he had been working for the past more than 18 years as Secondary Grade Teacher, so far, she has not been promoted to the post of B.T.Assistant, even though he is qualified to hold the post. In this regard, the petitioner would submit that the petitioner is qualified to hold the post of B.T.Assistant (Science) and as per the seniority list dated 01.01.2018 at the Panchayat Union, where the petitioner is working, the petitioner's name is found at Sl.No.1. Therefore, since number of vacancies are available in the Union as B.T.Assistant (Science), his name can be considered for such promotion.

4.The learned counsel appearing for the petitioner would further submit that, the petitioner, with regard to his grievance, has given a representation on 04.07.2018 to the second respondent and if the said representation is directed to be considered and an order to that effect is directed to be passed, within a time frame, the petitioner would be satisfied.

5.I have heard the learned Government Advocate appearing for the respondents, who would submit that the said representation of the petitioner dated 04.07.2018 would be considered on merits and an order to that effect would be passed, within a time frame. 6.Considering the limited scope of the writ petition, this Court is inclined to pass the following order: "The respondents, especially, the second respondent, is directed to consider the representation of the petitioner dated 04.07.2018 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-IV) To

1. The Director of School Education, College Road, Nungambakkam, Chennai.

2. The Chief Educational Officer, Chief Educational Office, Thoothukudi, Thoothukudi District.

3. The District Educational Officer, Kovilpatti Educational District, Kovilpatti, Thoothukudi District.

4. The Block Educational Officer, Pudhur Educational Block, Pudhur, Thoothukudi District.

+ 1CC TO MR.M.THIRUNAVUKKARASU,ADVOCATE IN SR NO.73264 + 1CC TO SPECIAL GOVERNMENT PLEADER IN SR NO.73536 ARUL BU/SKN/SAR-IV : 27.09.2018 : 3P/7C W.P(MD)No.15477 of 2018 and W.M.P.(MD) No.13937 of 2018 17.07.2018